Hyder Ali Tippu Sultan, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 33139 and 33141 of 2018 Hyder Ali Tippu Sultan Dhakni Sunnath Jamaath Represented by its President A.Ahamed Basha 963, Mettupalayam Road Coimbatore - 641 002.

... Petitioner -vs1. The Chairman Tamil Nadu Wakf Board No. 1, Jaffer Syrang Street Vallal Seethakadhi Nagar Chennai - 600 001.

2. The Chief Executive Officer Tamil Nadu Wakf Board No. 1, Jaffer Syrang Street Vallal Seethakadhi Nagar Chennai - 600 001.

3. Superintendent of Wakf Coimbatore Zone Tamilnadu Wakf Board Coimbatore.

4. Inspector of Wakf Coimbatore Tamilnadu Wakf Board Coimbatore.

... Respondents 1/4

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records ending with the order of First Respondent made in G.O. VI3(a)/64/2018 published in Tamilnadu Government Gazette dated 18.07.2018 in furtherance to Proceedings Na.Ka. Enn.6209/11/A3/Covai dated 26.07.2018 of the First Respondent confirming the resolution made in Na.Ka. No. 620/11/A3/Covai dated 19.06.2014 of the First Respondent and to quash the same and consequently to direct the Respondents to restore the possession and administration of the Wakf in respect of G.S. No. 95 to the Petitioner. For Petitioner : No appearance For Respondents : Mr. S.Haja Mohideen Gisti

O R D E R

Heard Mr. S.Haja Mohideen Gisti, Learned Counsel appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

Though the matter has been posted under the caption 'for dismissal', there was no representation for the Petitioner when the matter was called at 10.59 a.m., today, apart from the earlier hearing on 09.01.2024. There does not appear to be any useful purpose being served in keeping the Writ Petition 2/4

pending indefinitely when the Petitioner is not interested in prosecuting the same.

In such circumstances, the Writ Petition is dismissed for non-prosecution. It is made clear that the Petitioner is not precluded from applying for revival of the Writ Petition, if necessary, in accordance with law. Consequently, the connected Miscellaneous Petitions are closed. No costs. 23.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 29.02.2024.

Maya To

1. The Chairman Tamil Nadu Wakf Board No. 1, Jaffer Syrang Street Vallal Seethakadhi Nagar Chennai - 600 001.

2. The Chief Executive Officer Tamil Nadu Wakf Board No. 1, Jaffer Syrang Street Vallal Seethakadhi Nagar Chennai - 600 001.

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P.D. AUDIKESAVALU, J.

Maya

3. Superintendent of Wakf Coimbatore Zone Tamilnadu Wakf Board Coimbatore.

4. Inspector of Wakf Coimbatore Tamilnadu Wakf Board Coimbatore.

Copy to Hyder Ali Tippu Sultan Dhakni Sunnath Jamaath Represented by its President A.Ahamed Basha 963, Mettupalayam Road Coimbatore - 641 002.

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